MENTAL HEALTH CONFIDENTIAL INFO. DISCLOSURE.

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View NCGA Bill Details(link is external)2023-2024 Session
House Bill 484 (Public) Filed Monday, March 27, 2023
AN ACT TO MODIFY THE LAW PERTAINING TO THE RELEASE OF CONFIDENTIAL INFORMATION BY MENTAL HEALTH PROVIDERS TO CONFORM TO FEDERAL REGULATIONS.
Intro. by Blackwell, Sasser, K. Baker, Crutchfield.
Status: Ch. SL 2023-95 (Jul 10 2023)

Bill History:

H 484/S.L. 2023-95

Bill Summaries:

  • Bill H 484 (2023-2024)
    Summary date: Jul 10 2023 - View Summary

    AN ACT TO MODIFY THE LAW PERTAINING TO THE RELEASE OF CONFIDENTIAL INFORMATION BY MENTAL HEALTH PROVIDERS TO CONFORM TO FEDERAL REGULATIONS. SL 2023-95. Enacted July 10, 2023. Effective October 1, 2023.

    Government, State Agencies, Department of Health and Human Services, Health and Human Services, Mental Health
    GS 122C
  • Bill H 484 (2023-2024)
    Summary date: Apr 19 2023 - View Summary

    House amendment to the 1st edition makes the following changes.

    Further amends GS 122C-53(a), specifying that the authorization of a mental health facility to disclose confidential information pursuant to written consent of the client or the legally responsible person refers to the confidential information of the client.

    Now requires the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services (was, the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services) to adopt temporary rules to implement the act.

    Government, State Agencies, Department of Health and Human Services, Health and Human Services, Mental Health
    GS 122C
  • Bill H 484 (2023-2024)
    Summary date: Mar 27 2023 - View Summary

    Amends GS 122C-53(a) (pertaining to when a mental health facility must disclose mental health records when it has client consent) as follows. Requires that the contents of the client’s or their legal representative’s revocable written consent for release of mental health information conform to the core elements for authorizations set forth in the federal Privacy Rule (45 CFR 164, Part E) (currently, no reference to federal law; removes the requirements that the release be to a specified person and valid for a specified period). Requires the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services (Division) to adopt temporary rules to implement the act. Specifies that the temporary rules remain in place in until permanent rules are adopted and become effective.

    Effective October 1, 2023, and applies to releases of information consented to on or after that date.

    Government, State Agencies, Department of Health and Human Services, Health and Human Services, Mental Health
    GS 122C
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